Purchase Order Terms and Conditions
Purchase Order (Form AC-130) Notice to College Suppliers
As a New York State agency, all purchase orders issued from Fredonia The State University of New York are exempt from certain Federal taxes and New York State local taxes, pursuant to Article 28 and 29 of the New York State Tax Law.
Fredonia purchase orders must be accepted in lieu of tax exemption certificates with the supplier retaining a copy to prove that the sale was exempt. Do not include taxes from which the State is exempt when submitting invoices.
Summary of Payment Provisions
Section 179 of the State Finance Law requires New York State to pay suppliers in a manner consistent with accepted business practices. Specifically, the law requires that when suppliers are not paid within 30 calendar days (excluding legal holidays) after delivery of conforming goods/services and receipt of a proper invoice, interest will begin to accrue. Interest will be calculated using the "overpayment rate" set by the Commissioner of Taxation and Finance. Interest will only be paid when it exceeds $10 per invoice and when payment is made directly by the State rather than through an intermediary organization, such as the Trustee for Certificates of Participation, issued pursuant to Article 5-A of the State Finance Law.
New York State is an Equal Opportunity/Affirmative Action Employer.
- Delivered goods must be identical to samples furnished with proposals.
- Duplicate invoices with shipping receipts attached must be sent to the "Bill To" address shown on the front of the Purchase Order (AC-130).
- New York State is not liable for overshipments, which will be returned at the supplier's expense.
Terms and Conditions
The following terms and conditions, and any specifications, drawings, and additional terms and conditions which may be incorporated by reference or appended to a Fredonia purchase order become part of the purchase order agreement. By accepting the order or any part thereof, the Seller agrees to, and accepts all, terms and conditions.
- The cash discount period available to Fredonia shall commence on the date of the receipt of merchandise or on the date of receipt of the invoice, whichever may be the later.
- In the event of Seller's failure to deliver as and when specified, Fredonia reserves the right to cancel the order or any part thereof without prejudice to its other rights, and Seller agrees that Fredonia may return part or all of any shipment made, and may charge Seller with any loss or expense sustained as a result of such failure to deliver.
- In the event any article sold and delivered under a Fredonia purchase order shall be covered by any patent, copyright, or application therefore, Seller will defend, indemnify and save harmless Fredonia from any and all loss, cost, suit, claim or expense on account of any claims, suits or judgments as a result of the use or sale of such article in violation of rights under such patent, copyright, or application, provided Fredonia promptly notifies Seller of such infringement suit or claim.
- Seller agrees not to use the name of Fredonia or to quote the opinion of its employees in any advertising without obtaining the prior written consent of Fredonia.
- Seller agrees, at its own expense, to indemnify, defend, and hold harmless Fredonia, its trustees, officers, agents, and employees, of, from, and against any and all suits, claims and demands which may arise in any way out of the furnishing of goods or services under a Fredonia purchase order, including, without limitation, claims and demands arising from injury to or death of personnel of Fredonia or for damage to the property of Fredonia, except those arising by reason of the negligent or willful act of Fredonia, its officers, agents, or employees provided Fredonia promptly notifies seller of such suit.
- The contract established by a Fredonia purchase order is governed by Exhibit A, Standard Clauses for all New York State Contracts, which is incorporated into all purchase orders and made a part of, a copy of which is available upon request. Seller signifies its acceptance of the terms and conditions of Exhibit A by delivery of the goods or services and/or by the acceptance of payment.
- If Material Safety Data Sheets are required for this product, please be sure to include them with the order.